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RayAnswers, Attorney

Category: Estate Law

Satisfied Customers: 37059

Experience: Texas lawyer for 30 years in Estate law

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What if the executor of an estate is not handling thing

Customer Question

what if the executor of an estate is not handling thing appropriately and is physically and mentally not capable of doing so. he is recovering from a serious leg injury and can hardly walk or drive, taking pain meds and consuming alcohol which we feel is impairing his judgement. we had an offer a car to be sold he refused the offer. we had an offer on the house which is to be sold he refused it. we currently have another offer on the house he is refusing to counter offer or negotiate with the realtor. He is using estate funds to pay for personal expenses. the attorney who wrote the will says he can do nothing when we ask to have a new executor appointed. what can we do

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You need your own lawyer here to motion the court to remove the executor.You have great facts.The estate lawyer represents everyone and really there is a conflict of interest.You can do this with your own lawyer here and the court should agree to it.

In your case if you are not happy with the way the executor is handling their duties because they are not following the instruction set forth by the will,you can, under New Jersey Probate Law, have an attorney file a complaint in Superior Court. This complaint is called the Complaint for Accounting. The complaint for accounting is filed to request the removal of the current executor and asks the court to assign a new person as an administrator of the will.

You need your own lawyer to make this motion and get it in front of the court.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.